RSA Chapter 361-C — Attorney's Fees in Consumer Cases

Title XXXIII-A — Retail Installment Sales

Current through the 2025 Regular Session of the New Hampshire General Court.

Title XXXIII-A Retail Installment Sales

RSA 361-C:1 Definitions

In this chapter, "retail installment contract or evidence of indebtedness" means any contract or evidence of indebtedness arising out of:

I. A retail installment sale in which the goods purchased are used primarily for personal, household or family purposes; or

II. A loan or extension of credit payable in installments, or for which a finance charge is or may be imposed, in which the proceeds of the loan or extension of credit are used primarily for personal, household or family purposes.

Source. 1975, 123:1, eff. July 5, 1975.

RSA 361-C:2 Attorney's Fees for Consumer

If a retail installment contract or evidence of indebtedness provides for attorney's fees to be awarded to the retail seller, lender or creditor in any action, suit or proceeding against the retail buyer, borrower or debtor involving the sale, loan or extension of credit, such contract or evidence of indebtedness shall also provide that:

I. Reasonable attorney's fees shall be awarded to the buyer, borrower or debtor if he prevails in

(a) Any action, suit or proceeding brought by the retail seller, lender or creditor; or

(b) An action brought by the buyer, borrower or debtor; and

II. If a buyer, borrower or debtor successfully asserts a partial defense or set-off, recoupment or counterclaim to an action brought by the retail seller, lender or creditor, the court may withhold from the retail seller, lender or creditor the entire amount or such portion of the attorney fees as the court considers equitable.

Source. 1975, 123:1, eff. July 5, 1975.

RSA 361-C:3 Waiver Prohibited

No contract or evidence of indebtedness shall contain any provision whereby the buyer, borrower or debtor waives any of his rights under this chapter, and any such waiver shall be deemed against public policy and shall be unenforceable and void.

Source. 1975, 123:1, eff. July 5, 1975.

RSA 361-C:4 Prospective Effect

This chapter shall not apply to any contract or agreement entered into prior to July 5, 1975.

Source. 1975, 123:1, eff. July 5, 1975.